The National tribune. [volume] (Washington, D.C.) 1877-1917, 1887-04-28

convenience of congressman in both Houses
that it should. and which established the pre-
eedent since followed for the same reason, was
in the following style.
Mr.. Davis. of Massachusetts, said: "The day,
as we ordinarily term it, commences at 10 o'clock
midnight; but / think in the practice of the
Government the political day commences at II
O'Clock noon. There are two modes of COM
putting time; one, for ordinary purposes, makes
the day begin at IL o'clock at night; that for
political purposes, according to the practice and
usage of the Government, at
TWELVE O'clock AT NOON.
If that is not So there has been within your
knowledge, sir, and within mine, great deal
of Illegal legislation"
Later on in the discussion jeff Davis,
of Mississippi, said also that it was but a
question of the computation of time Whether
the 4th of March Is TO begin at II o'clock
at night or IL o'clock of the day coming de-
pends on whether you take the calendar day
or the astronomical Gay. The Senate being the
judge of the qualifications Of its members is
competent to decide whether the Sd of March
expires at II o'clock tonight or ut IL o'clock
tomorrow. Now ask the Senate merely that
they decide the question, in order that we may
know who are Members of the body and who
are not; whether Members holding over by a
new election are to be sworn in whether Mem
bers who have been elected for the first time
shall come in; whether Members are to go out or
whether the session is to continue / trust the
Senate will not avoid the question, but will
meet and settle it, not as it was done two years
ago, which has been referred to in this debate,
when Member after Member left the body, and
left US to transact business with less than q
quorum"
MIR. Dawson, of Georgia, said in this debate
as to the practice of former Congresses, that
there had not been any Congress since he had
been connected with the body which had not
sat until two, three, and even seven in the
morning of March 4, so that he had no doubt of
the power of that Congress
TO SIT UNTIL NOON ON THAT DAY.
Mr. Dawson's previous service in Congress had
been from 1886 to 1911 in the House of Repre-
sentatives, which makes the theft of time by
closing Congress date very far back
After the subject had been further debated
for some time-Jeff Davis, K. W. t. Hunter, of
Virginia; Stephen A. Douglas. of Illinois; FoOte,
of Mississippi; James NJ. Mason, of Virginia
Hamlin, of Maine; Ewing, of Ohio; AtchisOn, of
Missouri; Rhett, of fSOuthCarOlina; Hale OfNew
Hampshire; Dawsoa, of Georgia; Houston, of
Texas. and Cass, Of Michigan, taking prominent
parts in the discussion-Mr. YuIee, of Florida,
who died last Autumn, said: 81 rise TO a ques-
tion of privilege. / think it desirable this
matter should be settled definitely, as it may
be done by vote upon a very simple resou-
tion. which i send to the Chair. 1t must be
evident TO the Senate that many gentlemen
myself among the number-haye felt some
delicacy as to our right to participate in the
proceedings. L send up q resolution which /
have prepared, and / think if vote is now
taken upon it it will decide the matter, and
decide it permanently, as precedent for future
action"
The resolution was read, as follows: Re-
solved, that in the opinion of the Senate the
present Congress does not expire by Constitu-
tlonal Limitation until meridian Of the 4th of
March,"
There was doubt in the minds Of some as to
this being privileged question, but the Presi-
dent of the Senate-William r. King-said !:
"The Chair considers this is matter appe~-
tanning to the discharge of the duties of Sem
atorS. and therefore it is a question of privi-
rge" Then the point of order raised by Mr.
Dawson, of Georgia, was waived by him, and
the resolution offered by Mr. Yulee was adopted.
Senator Houston, Of Texas, announced during
the discussion, " / have just learned that the
House has almost unanimously resolved that
they will not adjourn, and that they are CON-
petent to transact business. Ny own opinion
is that the Senate will have power to sit till
tomorrow at sunset. I think if we adjourn on
the 4th of March it is
ALL THAT THE CONSTITUTION REQUIRES"
So this is how a matter which, as shown
above, involving some very important and deli
cate questions was finally settled.
Although the precedent then established has
since been continuously followed, whichever
political party has controlled Congress, there is
still difference of opinion as to whether it is
right or not
Senator Sherman thinks the reasoning quoted
to him by the writer as occurring in the debate
in 1851, as to what hour was the correct one
for terminating Congress midnight on March
3 or at noon on March 4-is correct in it's con-
clusiOns, preferring the latter time.
On the other hand, Senator Edmunds said he
thought it was fallacious. But each of these
gentlemen has within four years been pre-
siding officer in the Senate, and each has not
only acquiesced in the abOye-explained custom
so long followed, but has also, when so presid-
ing in the Senate, in accordance with another
tradition which has long been permitted to
have the force of law in both Houses of
Congress by being an established custom, pri-
yatey ordered the hands of the clock, when
noon is approaching on March 4,
To BE SET BACK 10 MINUTES,
or may be more, to gain still longer time before
| the final adjournment. This custom is always
said to have originated with Henry Clay during
one of his terms as Speaker of the House of
Representatives, and he last held that Office in
1925. Each Speaker since has followed his
| example.
How Congress has always triAed with time as
an exact quantity is illustrated by the follow
/ ing: 4 joint resolution had passed in 1912 that
| the two Houses adjourn on Wednesday, Aug. 81,
| at o'clock. But when Mr. Black rose to a
/ question of order and, pointing to the clock,
said II was past two o'clock. the hour at which
/ the two Houses had determined to adjourn, and
| put the question of order whether the House
could do any business after that hour. 1t was
| then three minutes after 2 by the House clock
| Speaker White said: The joint resolution
requires the two Houses to adjourn at 2 o'clock
/ to-day, but the Speaker is not the time-keeper
/ of the House. III the House determined that
/ il was not o'clock, il was the business of the
| House, and not of the Speaker. The Chair
would put the question on the resolution"
| This resolution was one allowing extra COM
pensation 10 the officers of the House, which
was finally lost for want of a quorum.
| Miss GRUNDY.